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HomeMy WebLinkAbout2010 09-30 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 30, 2010 STUDY SESSION 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Approval of Minutes - May 27, 2010 4. Chairperson's Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 5. (Continued) Discussion with the owners of 6530 James Avenue North, a 127,600 sq. ft. industrial building, regarding a business use involving outside storage. 6. (Continued) Review of the Planned Unit Development provisions and process, Section 35 -333, Sub. 5, of the Zoning Ordinance. 9., Other Business: Review meeting dates and attendance for remainder of 2010 Planning Commission meetings. October 14 October 28 November 10 December 2 10. Adjournment To: Members of the Planning Commission From: Gary Eitel, Planning Commission Secretary Date: September 28, 2010 Subject: Discussion Items for September 30, 2010 Planning Commission Meeting Item No. 5 (Continued) Discussion with owners of 6530 James Avenue North, a 127,600 sq. ft. industrial building, regarding business use involving outside storage. Background The City's records identify the property at 6530 James Avenue North, formerly Gopher Motor building, as having two parcels /property ID's: PID — 315- 119 -21 -14 -0003 is a 6.42 acre I -1 industrial parcel with a 127,053 sq. ft. building. PID — 35- 119 -21 -14 -0002 is a 1.19 acre I -1 industrial parcel with a secured parking area. The I -1 Industrial District includes as a permitted accessory use the storage of raw material, work in process and inventory, provided such storage is within a completely enclosed building. The only reference to outside storage within the I -1 district is found within the Special Uses, Para (h), "Other non - commercial uses required for the public welfare as determined by the Council including outside storage of materials when screened from public view by an opaque wall. (i.e. public works, Q -West, or the former NSP yard) The I -2 Industrial District does allow storage of materials as an accessory use, provided that when the use abuts or is adjacent to any residential zone such storage shall be within a completely enclosed building or effectively screened by a solid wall or fence, including a solid entrance and exit gate not less than six feet in height, no more than eight feet in height. At the last Planning Commission meeting, there was an informal discussion on the potential of considering a rezoning of this property to PUD /1 -1 that would allow a limited amount of outside storage of raw materials with provisions for screening, similar to that required in the I -2 District. Request: The owners of this industrial site, Dennis Janisewski and Lyle Ness, are requesting the opportunity to continue the discussion with the Planning Commission with a specific plan for screened outdoor storage that would allow World Transload and Logistics to relocate and occupy the entire building. Item # 6 (Continued) Review of the Planned Unit Development provisions and process of the Zoning Ordinance. In a continuation of last meeting's discussion item on redevelopment activities that will occur within the Central Commerce Area and future development opportunities throughout the community, the City Attorney, Charlie LeFevere, will be at the Planning Commission Meeting to review the PUD ordinance and increase our understanding on how this zoning tool can most effectively be used to maximize development/redevelopment opportunities and achieve both the goals of the developer and the City. Additionally, in preparation for the future redevelopment of Brookdale and an amendment to its PUD (Planned Unit Development), I have attached copies of the Resolution which approved this 1999 PUD /C -2 rezoning and the Declaration of Covenants and Restrictions. The discussion is timely and will provide both the Planning Commissioners and staff the opportunity to better understand the review criteria, the formal review process, the public hearing and notice process involving the Planning Commission, the City Council's actions on the Planning Commission's actions and ordinance amendment, and the implementation mechanism of the PUD (recording of the Declaration of Covenants and Restrictions). b:. „ * 2. A 6530 James Avenue North Brooklyn Center, MN 55430 7 i t } James Avenue Partners LLC The property at 6530 James Ave North, Brooklyn Center is comprised of 762 acres with a Dual- Tenant Building which is 127,053 square feet in size. The original 80,000+ square foot building was completed in 1971 with a 40,000+ square foot addition added in 1979. This building was built as a manufacturing site with low ceilings, lots of electrical power and minimum office space. The major part of the remaining 762 acres is security fenced with 8 foot chain link with 5 strands of barb wire above that. Most of the 762 acres is black topped. This building first housed Arctic Cat snowmobiles, Hoffman Electric and then Gopher Motor Rebuilding Inc. At one time this facility was home to over 600 employees. Today this building is home to Tube Technologies which rents the back 40,000+ square feet and employs less than 25 people. The rest of the building is empty and serves as a grim reminder to the tough financial times our county is going thru today, espe- cially the manufacturing sector of our economy which has largely moved off shore. With today's manufacturing processes relying heavily on automation instead of hands, we know that this one building will never again be home to 600 jobs. However we must do what we can to fill every vacant building and put manufacturing back in Brooklyn Center, where it once thrived. Manufacturing is the key to climbing out of this recession and seeing sustained growth back in our economy. We ask your help in bringing jobs to Brooklyn Center! M r Cn According to the NA I Welch Twin Cities Industrial Report the West/Northwest quad- rant has an industrial building vacancy rate, including sublease, of 12.75% and the Minneapolis North quadrant has a 9.1 % vacancy rate. Brooklyn Center has an industrial building vacancy rate of 16.7%, well above the surrounding area, with over one half million square feet available for rent at this time. When we get inquiries today about renting space we find that many of those inquiries do not fit into the neat little box categories where we had drawn the lines in the past. We need to find imaginative ways to quickly deal with these requests so we can bring more j . obs back to Brooklyn Center and fill the vacant buildings. Many buildings have unique characteristics that may be able to be used in finding solutions. Let's get imaginative and assume a leading role in bringing prosperity back to Brooklyn Center. Request Tom Ronnkvist , president of VVorldTransload & Logistics LLC, has as his main Manufacturing site, 5101 Boone Avenue North, New Hope. Tom is also an owner of Tube Technologies which is housed in our building at 6530 James Ave. North, Brooklyn Center. Tom needs to expand his New Hope operation, WorldTiransload & Logistics LLC, and would like to move it to our Brooklyn Center location, Two facilities are easier to operate than three. The problem is he uses 30 foot pieces of pipe as his core product which he machines down to smaller sections and pieces which is used in deep core drillings around the world to search for precious minerals. Tube Technologies produces the same type of product but their machining process begins with shorter pieces of pipe which now comes from the Boone Avenue facility. Our site offers plenty of inside space for Tom but the roof support columns do not lend themselves to easily moving around 30 foot pieces of pipe to start the cutting and machining process. Tom therefore requires outside storage for his raw or core material. This operation is expanding, not moving, so it truly would bring over 35 new j . obs to Brooklyn Center 'Immediately, while still allowing space for future expansion. Remember, existing people would not be transferred from the New Hope location. Tom would like to use the Northwest portion of the secured parking lot for this purpose. This area is bermed from the street, which is James M F- Cn :r- Avenue, James Avenue is a unique street in this area as it is only one block long, it is not a main artery and no homes or retail stores exist on it. Tom is willing to completely fence in the pipe storage area and to strip the chain link fence to obscure any vision. He also would not store pipe above the 8 foot fence height. M F Cn Valuation Fact Sheet 2004 Purchase Price $3,000,000 Improvements: Ceramic Coating on Floor .................. ........ ...... .... $100,000 Separate the building into 2 sections.. ...... ....... __ ....... _ 2 0, 0 0 0 Separate the electrical into 2 entities ................ _ ....... _ .... _55, 000 Install ramp and doors in rear section ... ..... _ ................... J5,000 Total Investment... ....... .......... ...... ........ $3,250,000 Appraised Market Value (3/19/2009) (By William K. Campbell &Associates). $5,000,000 Taxable Market Value (2010): $3,673,000 Current Asking Price: $3,400,000 Current Rental Terms for World Transload & Logistics: $2.25 PSF M r 00 a: a a { ' 67th A1vbnue N 252 r� rf ;t Fireeho ark E .. -, f fu k } 94 � ass � � 6 f - -,694 Carden Citx:. $ i y ; � �� Y ♦mod, A~ p = r- 94 J - 100 <� 19 97- e005.AirPhotou A ■ .. 67th Avg N 1 t R M. t Aerial view of the property with the proposed storage space outlined in blue. A � � � \ Pipe Layout Proposed storage space of aprox. 2 acres. Notice the 8 foot high chain link fence and the high berm to the North and the lower berm on the west side. .. ..: ... . . . .. ' � ? NI Proposed metal fe ncing would give look similar totdy 8' Nigh Metal Fencing 11 � Example of how pipes would be stored. Not to exceed 6' in height. _'k S ; �• � . \ ^,il� wry. u \ ti- s � s IIIn t� �..� ..... . . .. �. � . .,. § Some of the {fished product being prepared for shipment. NAI Welsh 4350 Baker Road, Suite 400 Minnetonka, MN 55343 TEL 952.8977700 FAX 952.842.7700 www.weishco.com SCAIVi11cD i r.0 DECLARATION OF COVENANTS AND RESTRICTIONS a G7 ,L THIS DECLARATION made this day of 1999, by Talisman L]Brookdale� LLC, a Delaware limited liability company (hereinafter referred to as the "Declarant"); WHEREAS, Declarant is the owner of the real property described on Attachment One (hereinafter the " Declarant's Property'); and WHEREAS, Declarant's Property is adjacent to certain other properties described on Attachment Two (hereinafter the properties described on Attachments One and Two are collectively referred to as the "Subject Properties "); and WHEREAS, the Subject Properties are subject to certain zoning and land use restrictions unposed by the city of Brooklyn Center, Minnesota ( "City ") in connection with the rezoning of the Subject Properties from the zoning classification C -2 (Commerce) to PUDIC-2 as provided in City Resolution No. 99 -37 adopted on March 8, 1999; and WHEREAS, the City has approved such rezoning on the basis of the determination of the City Council of the City that such rezoning is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Properties; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the rezoning would not have been approved; and WHEREAS, as a condition of approval of the rezoning, the City bas required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the 'Declaration "); and z. CLL- 169416 • 1 13R291 -133 Q� Ary L9 OFFICE of THE AEGiSTAt1R � OF TITLES HENNEPIN COUNTY, MINNES07) - ' CSF'TlFIED FILFD pN JAN 0 8 2003 3 5 : TrMES DLPU'tY { (c F DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this day of PC �ti,, �� �^ , 1999, by Talisman Brookdale, LLC, a Delaware limited liability company (hereinafter referred to as the "Declarant "); WHEREAS, Declarant is the owner of the real property described on Attachment One (hereinafter the " Declarant's Property"); and WHEREAS, Declarant's Property is adjacent to certain other properties described on Attachment Two (hereinafter the properties described on Attachments One and Two are collectively referred to as the "Subject Properties "); and WHEREAS, the Subject Properties are subject to certain zoning and land use restrictions imposed by the city of Brooklyn Center, Minnesota ( "City ") in connection with the rezoning of the Subject Properties from the zoning classification C -2 (Commerce) to PLTD /C -2 as provided in City Resolution No. 99 -37 adopted on March 8, 1999; and WHEREAS, the City has approved such rezoning on the basis of the determination of the City Council of the City that such rezoning is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Properties; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the rezoning would not have been approved; and WHEREAS, as a condition of approval of the rezoning, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the "Declaration "); and CLL- 169416 1 BR291 -188 WHEREAS, to secure the benefits and advantages of such rezoning, Declarants desire to subject the Declarant's Property to the terms hereof. NOW, THEREFORE, the Declarants declare that the Declarant's Property are, and shall be,_, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subject Properties shall conform to the following, the large scale originals of which are on file with the Community Development Department of the City: A. Site Survey attached as Attachment Three (Plan Sheet a0.1) B. General Site Plan attached as Attachment Four (Plan Sheet al. 1) C. Existing First Level Plan attached as Attachment Five (Plan Sheet a2.0e) D. First Level Proposed Lease Plan attached as Attachment Six (Plan Sheet a2.0) E. Second Level Overall Floor Plan attached as Attachment Seven (Plan Sheet a2.1) F. Exterior Elevations attached as Attachment Eight (Plan Sheet a3.1) G. Exterior Images attached as Attachment Nine (Plan Sheet a3.2) H. Grading and Drainage Plans attached as Attachment Ten (Plan Sheets C1.1 through CIA) I. Utility Plans attached as Attachment Eleven (Plan Sheets C1.5 through C1.8) J. Landscape Plan attached as Attachment Twelve (Plan Sheet L1.1) K. Site Lighting Plan attached as Attachment Thirteen (Plan Sheet Li 1.1) L. Applebee's Plan and Elevations attached as Attachment Fourteen (Plan Sheet A -1), all of which Attachments are hereby made a part hereof. No buildings or structures other than those CLL- 169416 2 B 8291 -188 shown on Attachments Three through Thirteen may be erected or maintained on the Subject Properties. 2. The approval of the Planned Unit Development authorizes the following variations from the requirements of the City Code applicable to C -2 uses on the Subject Properties: A. The setback from property lines to parking lot pavement (greenstrip) is reduced from 15 feet to 5 feet in certain locations as shown on Attachment Five. B. The setback from public right of way to buildings is reduced from 50 feet to 35 feet in certain locations as shown on Attachment Five. C. The parking space layout between rows of 90" parking spaces is reduced from 63 feet to 60 feet. D. The number of parking spaces required is based on gross leasable area rather than gross floor area. E. Required parking is reduced from 5.5 spaces per 1000 square feet of gross floor area to 4.5 spaces per 1000 square feet of gross leasable area. F. Two freestanding signs of 320 square feet each are permitted along T.H. 100 rather than one sign of 250 square feet. G. The amount of gross leasable area which may be allowed without requiring a seating count for parking space requirements is increased from 15 percent to 20 percent. 3. Parking and traffic circulation plans on the Subject Properties may not be altered except as necessary to conform to the site plan (Attachment Four) or authorized by the Brooklyn Center City Council by PUD amendment. The parking and traffic circulation plan will not be CLL- 169416 3 BR291 -188 modified in any way which has the effect of depriving public mass transit vehicles of reasonable and convenient access through the parking lot at the center and to embark and disembark passengers at the center. The owners of the Subject Properties are not required to provide space or accommodations for mass transit vehicle parking, stacking or laying over, for parking of privately owned vehicles of mass transit patrons or for the transfer of passengers between mass transit vehicles. In the event it is determined in the future by the City Council of the City of Brooklyn Center that the then existing parking on the Subject Properties is not adequate, the owners of the Subject Properties shall redesign and reconfigure parking areas and construct such additional parking facilities as are necessary to provide 5700 parking spaces on the Subject Properties according to plans which are subject to City Council approval as PUD amendments. All parking areas shall be divided by concrete parking dividers approved by the Brooklyn Center City Engineer. 4. Building pads shown on the site plan (Attachment Four) and designated as Building #2, Building #3, and Building #4 have been given conceptual approval only for development of restaurant or retail uses of 10,000 square feet, 15,000 square feet and 25,000 square feet respectively. These three sites may not be developed except as approved and provided through PUD amendments and approval by the City Council in which approval the City will be bound by the legal limitations on the exercise of its police power, that such decisions not be arbitrary, capricious or unreasonable. 5. In the following areas where the setback from property lines to parking lots have been reduced from 15 feet to 5 feet as described in paragraph 2 hereof, the setback area shall be improved CLL- 169416 4 BR291 -188 with a three to three and one -half foot high keystone wall: A. Adjacent to the parking lot in the vicinity of the Applebee's store which is identified as Building #1 on Attachment Four; and B. Along County Road 10 in the vicinity of the building site identified as Building #2 on Attachment Four. 6. The building pad shown on the site plan (Attachment Four) and designated as Building #4, lies within the 100 year flood plain of the City and accordingly may not be filled or developed without providing approved compensating floodwater storage. 7. The Subject Properties may only be developed and used in accordance with Paragraphs 1 through 6 of these Declarations unless the owner first secures approval by the City Council of an amendment to the planned unit development plan or a rezoning to a zoning classification which permits such other development and use. 8. Except as provided herein, use of the Subject Properties shall conform to the regulations of the City of Brooklyn Center applicable to C -2 (Commerce) District and City Council Resolution No. 99 -37 adopted on March 8, 1999. 9. Declarant is the owner in fee of the real property described in Attachment One. Declarant is not the owner of the parcels described on Attachment Two; however the Declarant represents and warrants to the City that each of such parcels which it owns, and each of the parcels of which it is not the owner, are subject to a reciprocal easement agreement or a lease which in each case restricts the building of any improvements on, or the making of any material changes, other than those indicated on a site plan attached to the subject agreement or lease without the consent of CLL- 169416 5 BR291 -188 Declarant. In all cases such attached site plan is entirely consistent with the restrictions contained in the Site Plan attached to this Declaration. Declarant covenants and agrees that it will not modify any of such agreements, or permit their modification, in any way which would violate or be ^ inconsistent with the restrictions and agreements contained within this Declaration without the prior written consent of the City and that Declarant will take such "affirmative steps as are needed to enforce the terms of such agreements to assure that the Declarant's Property is not used or developed except in conformance with the requirements of this Declaration. 10. The obligations and restrictions of this Declaration run with the land of the Declarant's Property and shall be enforceable against the Declarant, its successors and assigns, by the City acting through its City Council. This Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarants have hereunto set their hands and seals as of the day and year first above written. TALISMAN BROOKDALE, LLC By: is _ SHARON L KNUTSON NOTARY PUBLIC - MINNESOTA By Its My Co is iw ExWn Jan. 31,20H STATE OF MINNESOTA ) CLL- 169416 6 BR291 -188 ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this q day of e✓ 1999, by ::T(1 ryy.5 Q . Ies 1 f1G2r , the &L5 rden+ and the for and on behalf of Talisman Brookdale, LLC, a Delaware limited liability company. Notary Public CLL- 169416v416 BR291 -188 CLL- 169416 7 BR291 -188 I ATTACHMENT ONE Tracts A, B, C, and D, Registered Land Survey No. 1469, Files of the Registrar of Titles, Hennepin County, Minnesota. And Tracts A, B, and C, Registered Land Survey No. 1614, Files of the Registrar of Titles, Hennepin County, Minnesota. CLL- 169416 g BR291 -188 ATTACHMENT TWO Tracts C and D, Registered Land Survey No. 1469, Files of the Registrar of Titles, Hennepin County, Minnesota. And Tract A, Registered Land Survey No. 936, Files of the Registrar of Titles, Hennepin County, Minnesota. And Tract E, Registered Land Survey No. 1469, Files of the Registrar of Titles, Hennepin County, Minnesota. CLL- 169416 9 BR291 -188 AlcUtt(t11At AIAUMA Attachment Three ..,.,....,.,,� Oi TI EFF fl ' i Cam, '" .I� •� . / I % I _ �• O + a =te =d 1, �'�`� ..,/; r 4, t, �,t'� -:- o a •,,,. �j •3'� � l l� �� �, ` 9 i �,� r te.' �;. i .. _ •i� +i • w. may♦ � —_ __. _.._._ _ —. _ _ _erwi _. —. - . .,� SURVEV17 1t: 'TALISMAN DROOKDALE, L.L.C. _ t _ I SMt sw•q eOUNUAMY, WgWING DINCMSIOMS AMU IOC--4. VfI11T1e5, IiF[YEIrt3 ANU fYPeOYLYrN7N Z. MUIIMDAMT. 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WIT. •. • /• • QiK LGLI" 19116E WN • • • v'WAl ---� ®uv _ - - _ITITI DAYTON S _ IlliIAIIIIIIIWIIIaIIIIIl8liBlbfllllllllli INWg8111N •� __.. _ ownw on SEARS ' °''Y JC PENNEY GM AYliso ww rb"ow Vp�� 71 M M L � ow A" yr 1� a2.1 �ewwwwswwwwwwawwarrww f wa f w i rm. r nawwwwswrnw . rw Attachment Eight AIIIIIIIIIIAt IMAM eeeesieueoe """ ' o"""""' l �I�IIIIl III i�i��s���el������ 'iiiiiiiiiiiil � ��8�£II 18181 PeB� I�SE48'8�8�8�383$�$8 c9f$$: 44 g� ® II II •... �. YL/■ Ub■■ 1t■..■ .IL..�O; p4;LG5BBBYNBEEnY48 i��ii:iil.iiii!i!iiieiu�- I � ® � T�J J-.f wwrrwrwwwwwwswwwwwwowwrw■ illllliiiilllli1e� ■� ,�. _ _ _ M �pal�h South Elevation North Elevation :i is Attachment Nine na... r.....r. ur. \ / n..r..� e —•+.. w. Aerial View Leaking SauIhaaa1 of read Ceurl we M-w ■/� Ground Lerel Ytawe of deed CavrI InirV s..0 i. tar A"f * e.y. a.h w...i. 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"'3a.1!llF3t`. !•=a'93tt 3 :'• 1333!!•a!a'• »I..l ». ». —. 3..! 7 1,.yar ', •I 1 ' 1 t:i �=1 'i 11� pp it ji•: ttttliat!RR!!tt7tt #!94It! ! !d#7t #fiiti!is:niirir•liti!!all sisit #ti # ###!§#8 :Ran •1 „ # A7 � a ' !!### i j!! iil #i!3 #!#' JAI F lifri'jt#####irli:lmullli ...» .............. ».�.. �} S• { t [ rl► [ ' isi:j BP i'[ F tt r g ! r Ott, F[ t . it {g a it ( z }i# f i •r� : 5 a F t p r a Attachment Fourteen .n.........p >>. >T,. .......... - « ol. t•rsa•r I - - :: I w.»�.... �� �s -- .ux w +�, nanirp > i.Tl •F!:lii6 8'A, Kpn�hw :1 'ry > n.T- ``\- n ! •p a M-1 a[i.r, ip,. u« NT. I a _. -_! C._ -.__ • ,� I 0 C T "1 •••� ••.• FRONT (11'EST) rLEV TION - - - - - -- ' FRt1N7 T VgLl SIGN• 6+ So. FL /— '.kr STYE RAN L" � v"..>usaw..� .C.Tl. r a• - -_ -- :«x f�..4 fiL i z� - - Ile'' ■'j' .".p. s - _ � > � _ a �'v a+- -I .'11 ..•r ' l�I �.:.��i�r tqr r, 1.1 ... r.• Ip>I n> ~r �> .Iwrt..•pn, .•clr REAR (EAST) ELEVATION " MOORE EMERY— gig— � _ � - _ - - - - - X3 2 -i_f u�T sZS`ETP•.' -- _ .. `� vlK +io:i',uusi < «n+r SIDE VgIL SIGN' 64 S0. FT. RIGHT SIDE (NOIiTi{) ELEVATION Seoed•k C.nlw A �Id BFlo.alkn i i .An _ 1bnT. (Ir>UlianT. L �" Sn. non nl , Poke ME DOWN ' NOT- FOnCONGI LEFT SIDE (SOUTH) ELEVATION stet WALL SIG6 64 50. Fr. Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION N0. 99 -37 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 99001 SUBMITTED BY TALISMAN BROOKDALE, LLC. WHEREAS, Planning Commission Application No. 99001 submitted by Talisman Brookdale, LLC proposes a rezoning from C -2 (Commerce) to PUD /C -2 of the Brookdale Regional Shopping Center which is bounded on the north "by County Road 10, on the east and south by T. H. 100 and on the west by Xerxes Avenue North; and WHEREAS, this proposal comprehends the rezoning of the above mentioned property and site and building plan approval for the expansion, redevelopment and rejuvenation of the Brookdale Regional Shopping Center to include the following; I. The reconfiguration of the west end of the mall including an 89,650 sq. ft. second floor to include a 20 screen, 4,252 seat theater; 2. An approximate 13,200 sq. ft. addition to the north entrance to the mall for two restaurant sites; 3. An approximate 13,000 sq. ft. addition for general retail use and revised mall entry way along the southerly side of the complex adjacent to Dayton's; 4. A 4,650 sq. ft. freestanding Applebee's restaurant building along Xerxes Avenue North, northerly of the 56th Avenue entrance to the Brookdale Center; 5. Conceptual approval, subject to further Planning Commission and City - Council review and approval, of four additional freestanding restaurant and/or retail buildings to be located around the perimeter of the shopping center; and WHEREAS, the Planning Commission held a duly called public hearing on February 25, 1999, when a staff report and public testimony regarding the rezoning and site and building plan were received; and WHEREAS, the Planning Commission recommended approval of Application No. 99001 by adopting Planning Commission Resolution No. 99 -02 on February 25, 1999; and RESOLUTION NO. 99 -37 WHEREAS, the City Council considered Application No. 99001 at its March 8, 1999 meeting; and WHEREAS, the City Council considered the rezoning and site and building plan request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355, the City's Comprehensive Plan and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 99001 submitted by Talisman Brookdale, LLC in light of the following considerations: 1. The rezoning and Planned Unit Development proposal are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance and will allow for the redevelopment and rejuvenation of the Brookdale Regional Mall which is a unique development within the City of Brooklyn Center and whose viability is considered to be vital to the stabilization of other commercial properties within the community. 2. The rezoning and Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the rezoning and Planned Unit Development proposal will conform with city ordinance standards for the most part with the exception of the following allowed variations from the zoning ordinance which are considered reasonable standards to apply to this proposal: • Allow 5 ft. rather than 15 ft. greeenstrips at certain locations where an appropriate 3 to 3 1 /2 ft. high decorative masonry wall shall be installed to offset negative effects (this standard has been allowed in other areas within the city). RESOLUTION NO. 99 -37 • Allow a 35 ft., or non -major thoroughfare setback for certain out building locations based on variances that have been allowed for other commercial buildings along major thoroughfares and seem appropriate in this location as well. • Allow a 4.5 parking spaces pe; 1,000 sq. ft. of gross leasable area rather than the 5.5 parking spaces per 1,000 sq. ft. of gross floor area required based on the shared parking analysis provided and on Urban Land Institute Methodology indicating a maximum of 5,133 parking spaces as being needed for the Brookdale Mall given the mix of uses and square footages proposed in order to meet the maximum weekday and weekend hourly demand, which is also in keeping with at least two major regional malls in the area. • Allow the 60 ft. wide parking dimension standard for 90 degree parking rather than the 63 ft. required separation based on the fact that Brookdale has previously been allowed to have the 60 ft. parking standard and it appears that it would work in this situation. • Allow two freestanding signs up to 320 sq. ft. in area along T. H. 100 based on the uniqueness of the size, diversity of uses and significance of Brookdale. Mall. • Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale based on the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. 4: The rezoning and Planned Unit Development proposal are considered compatible with the City's Comprehensive Plan for this area of the city. 5. The rezoning and Planned Unit Development appear to be a good utilization of the property under consideration and the redevelopment and rejuvenation of Brookdale Regional Mall are an important long range use for the existing property and are considered to be an asset to the community. RESOLUTION NO. 99_37 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that approval of Application No. 99001 be subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official respect to applicable codes prior to the issuance of permits. 2. Grading; drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all approved site improvements. 4. Any outside trash disposal facilities and rooftop or on-ground mechanical equipment,shall be appropriately screened from view. 5. The buildings and building additions are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all new landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances with the exception of allowing two freestanding signs up to 320 sq. ft. in area along T. H. 100. 8. Plan approval acknowledges a proof of parking for the Brookdale Shopping Center based on providing 5,700 parking spaces on site. RESOLUTION NO. 99 -37 The applicants are allowed to retain the existing parking configuration except where required modifications are to be made based on building expansions or additions. New parking lot construction or reconfiguration shall require concrete parking delineators as approved by the City Engineer. 9. The applicant shall submit as built surveys of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter in an easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of permits. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. 12. Approval of the application is subject to the review and approval of the Shingle Creek Watershed Management Commission with respect to storm drainage systems. Effective compensating storage shall be approved prior to the construction and filling for the proposed building No. 5 on the site plan. 13. The applicant shall enter into a development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall acknowledge the various modifications to city ordinances and the rationale for allowing such deviations by the City Council and the conditions of approval to assure compliance with the approved development plans. 14. Plan approval is granted for the Applebee's Restaurant building as presented (Building No. 2 on the site plan). 15. Conceptual approval only is granted for three other out buildings shown on the site plan as Building No: 3, Building No. 4 and Building No. 5. Planning Commission review and City Council approval in the form of a Planned Unit Development amendment shall be obtained prior to the issuance of building permits for these buildings. RESOLUTION NO. 99 -37 16. The costs for traffic signals at the 55th Avenue and 56th Avenue intersections with Xerxes Avenue shall be the responsibility of the,,. applicant. 17. The plans shall be modified to show: a. A 3 ft. to 3 'fz ft. high decorative masonry wall in locations other than along T. H. 100 where greenstrips are less than 15 ft. b. The elimination of the access from die perimeter road to the parking lot east of Building No. 3. C. The location of the Shingle Creek Regional Corridor Trail through the Brookdale parking lot. d. The removal of Building No. 1 which is not part of the conceptual approval granted at this time. 18. Applicant shall enter into a development agreement, in a form approved by the City Manager and the City Attorney, that assures that adequate provision will be made to accommodate public mass transit circulating through the parking lot of the center and to allow for passengers to be dropped off and picked up at the center. The applicant shall not be required to provide space or accommodations for mass transit vehicles parking, stacking, or laying over; for parking of privately owned vehicles of mass transit patrons; or for the transfer of passengers between mass transit vehicles. March 8, 1999 Date May ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Ed Nelson and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness; Kay Tasman, Ed Nelson, and Robert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.